Prescription Drugs and the Law in NSW

A medicine’s availability on prescription does not mean anyone can lawfully possess, supply or use it. Medicines such as methadone and benzodiazepines are regulated, and the applicable rules depend on the substance, its classification and the person’s legal authority.

A valid prescription and lawful dispensing can authorise a patient to possess a medicine. However, that authority does not automatically extend to sharing it, selling it or obtaining further supplies outside lawful channels.

If police allege an offence involving prescription medication, it is important to identify the precise substance and the legal requirements applying to the alleged conduct.

Methadone and Benzodiazepines

Methadone is a Schedule 8 controlled drug, subject to strict controls because of its potential for misuse and dependence.

Benzodiazepines are not all regulated identically. Some, including alprazolam and flunitrazepam, are also Schedule 8 medicines. Other benzodiazepines are generally regulated as prescription-only medicines, with additional controls potentially applying.

For this reason, it is misleading to treat every prescription medicine as having the same possession rules or penalties.

Does a Prescription Authorise Every Form of Use?

Lawful possession and lawful administration are separate questions. A prescription should not be assumed to authorise every method of using a medicine.

For example, the legal position concerning the injection of methadone requires consideration of the applicable legislation, the formulation and the circumstances of administration. It should not be reduced to a blanket statement that all prescribed methadone must always be taken orally.

Patients should follow their prescriber’s and pharmacist’s directions. If an allegation concerns unauthorised possession or administration, legal advice should address the particular conduct alleged.

What Is the Poisons Standard?

The Poisons Standard provides Australia’s national classification system for medicines and poisons. Scheduling decisions are published through the Therapeutic Goods Administration (TGA), and state and territory legislation gives the classifications legal effect.

The previously linked Poisons Standard is a historical edition. The TGA’s Poisons Standard information page identifies the current edition and subsequent updates.

Key Medicine and Substance Schedules

The schedule is only part of the legal assessment. Additional restrictions, exemptions and authorisations may apply.

Which Laws Apply in NSW?

Prescription medicines and prohibited drugs can fall under different, sometimes overlapping, legal frameworks.

As at 29 October 2026, the Poisons and Therapeutic Goods Act 1966 and its regulation remain part of the NSW medicines framework. NSW Health advises that these will be replaced by the Medicines, Poisons and Therapeutic Goods Act 2022 and the Medicines, Poisons and Therapeutic Goods Regulation 2026 from 5 November 2026.

The Drug Misuse and Trafficking Act 1985 may also be relevant. The law applying at the time of the alleged conduct must be checked.

Commonwealth Drug Laws

Other Commonwealth laws may apply, particularly where conduct involves cultivation, manufacture, importation, exportation or trafficking.

Relevant frameworks include:

• Import and export controls: particular substances may require licences, permits or other authority.
• The Narcotic Drugs Act 1967: includes licensing and permit arrangements for medicinal cannabis cultivation, production and manufacture. It does not, by itself, authorise patients to grow cannabis.
• The Criminal Code Act 1995: Part 9.1 addresses serious drug offences, including specified trafficking, manufacturing and importation conduct.

The Office of Drug Control provides further information about laws and regulations that apply to drugs.

Legal Advice About Prescription Drug Allegations

A prescription, dispensing record or other authorisation may be important evidence. However, the legal position depends on the substance, the alleged activity and the authority held.

George Sten & Co can assess allegations involving prescription medicines and explain the available defence options.

Find out more about our Drug Offences services, or call (02) 9261 8640.

For urgent criminal law assistance, call 0412 423 569, available 24 hours.